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Cooper v. City of Fort Valley

Cooper v. City of Fort Valley, 78 S.E. 1097 (Ga. Ct. App. 1913)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
August 11, 1913
Docket
No. 4982
Judges
Hill
Citations
78 S.E. 109713 Ga. App. 1691913 Ga. App. LEXIS 85
Cited by 6
Summary
Certiorari; from Houston superior court — Judge Mathews. April 18, 1913.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Hill

Text extracted by OCR from a scanned original; check the original for exact wording.

Hill, C. J.

1. Where the accused is charged with a violation of a valid municipal ordinance prohibiting the keeping of intoxicating liquors for the purpose of illegal sale, the possession of the liquors and proof of one sale will authorize a conviction. Sawyer v. Blakely, 2 Ga. App. 159 ( 58 S. E. 399 ).

2. The ease is squarely within the principle of numerous decisions of the Supreme Court and of this court, that when one is given money to purchase intoxicating liquor for the person from whom the money is received, and the recipient of the money goes away and subsequently returns with the liquor and delivers it to the person giving him the money, a prima facie ease is made that the one taking the money and delivering the liquor is either the seller- or interested in the sale, and the burden is upon him to show the contrary. Where the only effort to carry this burden is by the statement of the accused, the question is exclusively for the jury. Bray v. Commerce, 5 Ga. App. 605 ( 63 S. E. 596 ), and citations.

3. Ho error of law is complained of, and the evidence supports the verdict.

Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1914: 11915: 41942: 119142026peak 1915 · 4

Relies on it most ⓘ

  1. Rice v. City of Eatonton83 S.E. 868 (Ga. Ct. App. 1914)
  2. Elder v. State22 S.E.2d 521 (Ga. Ct. App. 1942)
  3. Barnes v. City of Atlanta84 S.E. 964 (Ga. Ct. App. 1915)
  4. Seabrooks v. City of Macon86 S.E. 781 (Ga. Ct. App. 1915)
  5. Jennings v. City of Quitman86 S.E. 739 (Ga. Ct. App. 1915)
  6. Singleton v. City of Quitman86 S.E. 741 (Ga. Ct. App. 1915)

Most recent

  1. Elder v. State22 S.E.2d 521 (Ga. Ct. App. 1942)
  2. Seabrooks v. City of Macon86 S.E. 781 (Ga. Ct. App. 1915)
  3. Singleton v. City of Quitman86 S.E. 741 (Ga. Ct. App. 1915)
  4. Jennings v. City of Quitman86 S.E. 739 (Ga. Ct. App. 1915)
  5. Barnes v. City of Atlanta84 S.E. 964 (Ga. Ct. App. 1915)
  6. Rice v. City of Eatonton83 S.E. 868 (Ga. Ct. App. 1914)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Sawyer v. City of Blakely, 58 S.E. 399 (Ga. Ct. App. 1907) 28
Bray v. City of Commerce, 63 S.E. 596 (Ga. Ct. App. 1909) 12

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